Lawyer's character

When the female resident opened the door and entered the home, Jinli hit the woman on the head twice with a rolling pin. Unexpectedly, he didn't know that the woman was wearing a helmet and was not knocked unconscious. He panicked and took the opportunity to escape while the woman was stunned by the beating.

After escaping, he wandered around the community for a while and was about to return home. Just as he walked into the corridor, he heard the voice of a female resident calling from the opposite door.

Jinli mistakenly thought that the other party had recognized him. Seeing that the security door on the opposite door was open, he took out a sharp knife and rushed in. He forced the female resident into the bedroom with a knife, stabbed her several times in the waist, abdomen, and head, stabbing her to the ground. Then he stabbed her several times in the neck, injuring her trachea and both carotid arteries. was severed and died of hemorrhagic shock.

Five days later, Jinli was arrested at home.

"How did the court decide your son's case?" Fang Yi asked.

It has been more than a year since July last year, and Jinli's case is not a complicated one. According to Fang Yi's speculation, the case should have been decided. Jin Huapeng came here at this time, possibly to consult and entrust a second trial.

"The verdict is passed. The court believes that my son Jinli entered the other party's house to steal and kill others, which constitutes intentional homicide.

In view of the fact that my son is a student at school and has a good attitude of pleading guilty and showing remorse, and we have actively compensated the victim for his economic losses, we finally sentenced my son Jinli to guilty of intentional homicide and sentenced him to death with a two-year suspended sentence and deprivation of political rights for life. . This is the verdict. Jin Huapeng said, taking out a criminal verdict and handing it to Fang Yi.

Fang Yi took it and read it again, and said in surprise: "This was sentenced at the end of last year. Now the appeal period has passed? Have you appealed?"

"We did not appeal." Jin Huapeng said.

Now that the verdict has been made and no appeal has been filed, Fang Yi can't think of what the other party wants to ask him for after such a long time.

"Then what question did you come to me to ask about?" Fang Yi looked at the other party in confusion.

"We did not appeal, but the procuratorate filed a protest with the Provincial High Court on the grounds that the circumstances of my son's crime were particularly egregious, the methods were extremely cruel, and the first-instance verdict was too light," Jin Huapeng said.

"The second trial has started?" Fang Yi asked.

“We drove here a long time ago, and the verdict has been handed down.

The court of second instance held that my son committed intentional homicide. The circumstances of the crime were abominable, the methods were cruel, and the crime was extremely serious.

Although my son had a good attitude towards pleading guilty and our family actively compensated the victim for his financial losses, this was not enough to give him a light punishment and he should be severely punished in accordance with the law.

In the end, my son Jinli was convicted of intentional homicide, sentenced to death, and deprived of political rights for life. "As he spoke, Jin Huapeng took out another judgment and handed it over.

Fang Yi is so angry that he can't take out all the judgments at once?

"The second trial has been judged. I'm afraid I can't help with this case." Fang Yi said.

My dear, what's the point of looking for a lawyer when we've already reached this point? Fang Yi is really struggling. I don’t know what Jin Huapeng is thinking. Does he want a lawyer to help you travel back in time?

"Hey, I heard from the lawyer that the case has been reported and is going to be reviewed for the death penalty. I would like to ask you if there is any way to save my son's life?" When Jin Huapeng asked this, he didn't even think about it. Confidence, obviously he has no hope in this matter.

"This...I really can't help it, unless..." Fang Yi hesitated and said.

"Unless what?" Mr. Jin's eyes instantly emitted colorful light, as if he saw hope.

"Article 18, Paragraph 3 of the Criminal Law stipulates that mentally ill persons who have not completely lost the ability to identify or control their own behavior shall bear criminal responsibility for committing crimes, but may be given a lighter or reduced punishment.

If your son is a mental patient with limited criminal liability, the Supreme Court may let him live. "Fang Yi said.

"What do you mean..." Jin Huapeng immediately became energetic.

"I don't mean anything, I just want to tell you what kind of defendant will receive a lighter or reduced punishment." Fang Yi explained immediately.

Good guy, it’s just a simple legal consultation, and then you will be suspected of abetting a crime. The risk is too great, it’s not worth it!

"Yes, you don't mean anything. I'm here for consultation, and you are here to answer my inquiry. Manager Ouyang, I want to have a private chat with Lawyer Fang. You see..." Jin Huapeng looked at Ouyang Jie.

"You guys are chatting. I just want to talk to Lawyer Ma about a case. Mr. Jin, after you finish talking with Lawyer Fang, call me. I will take you back." Ouyang Jie got up and left the conference room very wisely.

After Ouyang Jie left, Jin Huapeng looked at Fang Yi: "Lawyer Fang, don't mind me. I would like to consult with you again on what kind of mental illness meets the requirements you just mentioned and can be given a lighter or reduced punishment?"

"This... I'm not a medical student, so I can't give you an accurate answer. But from the original legislative intention, the mental patients stipulated in Article 18 of the Criminal Law should include mental disorders or mental illnesses as mentioned in forensic psychiatry. .

As far as I know, in addition to clearly diagnosed mental illnesses such as schizophrenia, manic-depressive psychosis, and paranoid psychosis, mental illness in medicine also includes hysteria, obsessive-compulsive disorder, anxiety disorder, and personality disorder (also known as Also known as perverted personality), psychosexual disorders (also known as sexual perversion), etc.

In judicial practice, determining whether an actor suffers from mental illness, what kind of mental illness he has and its severity, and whether he has the ability to be criminally responsible requires the identification of forensic psychiatry experts and the review of judicial personnel. "Fang Yi explained.

"Oh, Lawyer Fang, to tell you the truth, our family has a family history of mental illness. Grandpa Jin Li, my father, suffers from schizotypal personality disorder. He has been to Beijing for treatment many times but has not been cured.

I also have the same mental illness, but I have been taking medication, so it is not as severe. Jinli once had the same symptoms, but we kept it secret for fear of affecting the child's development. Does this count? Jin Huapeng hesitated for a moment and said.

After hearing what he said, Fang Yi immediately sat back and straightened his body: Wocao, if I say it doesn't count, will he turn against me and take out a knife to fight with me?

"I can't say whether it counts or not. From a lawyer's point of view, if the Supreme Court finds that the defendant may have a mental illness when reviewing the death penalty, out of caution, it will entrust a professional organization to conduct an appraisal.

If it is determined that your son Jinli suffered from schizotypal personality disorder at the time of the crime and was a person with limited capacity for responsibility, he could be given a lighter punishment and his life would most likely be spared. But the premise of everything is that what you say must be true, and the appraisal conclusion must support your statement. "Fang Yi said.

"Yeah, I understand." Jin Huapeng nodded.

"During the first and second trials, didn't the lawyer propose a mental evaluation of Jin Li?" Fang Yi asked doubtfully.